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Personal Injury Blog

What Damages Can You Recover After a Personal Injury?

Posted October 05, 2020 in Personal Injury Blog

Personal Injury Lawyer

A personal injury can be defined as physical, mental, or emotional harm to one person resulting from the wrongful or negligent acts of another person. Because of the severity that often issues from the damage inflicted, the judicial civil system of the United States has established laws holding the defendant accountable when it is proven he or she is the at-fault party. This means they are financially liable for the damage done to the victim and the losses suffered. Here are three types of damages a winning plaintiff may be entitled to recover.

  1.  Punishing Damages

Monetary awards that are meant to punish the defendant for the egregious and harmful acts perpetrated against the victim in an injury case are called punitive damages. Also known as exemplary damages, the awards are a form of punishment against the defendant, not a means of making the plaintiff whole. These money awards are a way society can condemn the wrongful acts, and they are awarded in only the most offensive cases.

  1.  Financial Damages

The courts believe victims should not have to suffer financially due to a personal injury that impacts their lives, or the lives of their loved ones. To rectify the situation, the judicial system established laws that require the damaged person to be made “whole” by awarding money to pay for the following expenses related to the injury they sustained.

  • Lost Income
  • Medical Expenses
  • Property Damage
  • Rehabilitation Costs
  • Mental Treatment

If the damage resulted in a lifetime disability, a need for daily nursing care, or long-term therapy, those expenses could also be covered under the financial damages award.

  1.  Flexible Damages

When a victim of an injury suffers from a damage that has no fixed monetary sum attached to it, the result is a flexible damage award from the court. This injury is often noted to be life-altering and is the result of a loss of life experience, removal of personal satisfaction, suffering from serious physical injuries, or wrongful death. Since there is no bill with an ending financial associated sum, the courts must look at each case and determine a fair amount that will attempt to compensate the victim in some way for their pain and suffering.

A victim that suffers an injury as a result of wrongful, illegal, or negligent conduct can never be made entirely whole, but the courts do attempt to right the wrong. The process can be a long and complex battle to prove damages and the right to compensation, but your attorney can help you understand how the system works. If you experience a personal injury, give experienced Elizabeth, NJ personal injury lawyers, such as from Rispoli & Borneo, P.C., a call today.

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